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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3874 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 376
118th CONGRESS
  2d Session
                                S. 3874

   To impose sanctions with respect to foreign support for terrorist 
    organizations in Gaza and the West Bank, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2024

   Mr. Rubio (for himself, Ms. Rosen, and Mr. Hawley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

                              May 7, 2024

               Reported by Mr. Cardin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   To impose sanctions with respect to foreign support for terrorist 
    organizations in Gaza and the West Bank, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Hamas and 
Palestinian Islamic Jihad International Terrorism Support Prevention 
Act of 2024''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Statement of policy.
<DELETED>Sec. 4. Imposition of sanctions with respect to foreign 
                            persons and agencies and instrumentalities 
                            of foreign states supporting Hamas, the 
                            Palestinian Islamic Jihad, or any affiliate 
                            or successor thereof.
<DELETED>Sec. 5. Imposition of sanctions with respect to foreign 
                            governments that provide material support 
                            for the terrorist activities of Hamas, the 
                            Palestinian Islamic Jihad, or any affiliate 
                            or successor thereof.
<DELETED>Sec. 6. Report on activities of foreign countries to disrupt 
                            global fundraising, financing, and money 
                            laundering activities of Hamas, the 
                            Palestinian Islamic Jihad, or any affiliate 
                            or successor thereof.
<DELETED>Sec. 7. Miscellaneous provisions.
<DELETED>Sec. 8. Determination of budgetary effects.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Admitted.--The term ``admitted'' has the 
        meaning given that term in section 101(a)(13)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(13)(A)).</DELETED>
        <DELETED>    (2) Agency or instrumentality of a foreign 
        state.--The term ``agency or instrumentality of a foreign 
        state'' has the meaning given that term in section 1603(b) of 
        title 28, United States Code.</DELETED>
        <DELETED>    (3) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means the 
        Committee on Foreign Relations of the Senate and the Committee 
        on Foreign Affairs of the House of Representatives.</DELETED>
        <DELETED>    (4) Foreign person.--The term ``foreign person'' 
        means--</DELETED>
                <DELETED>    (A) an individual who is not a United 
                States person; or</DELETED>
                <DELETED>    (B) a corporation, partnership, or other 
                nongovernmental entity that is not a United States 
                person.</DELETED>
        <DELETED>    (5) Material support.--The term ``material 
        support'' has the meaning given the term ``material support or 
        resources'' in section 2339A of title 18, United States 
        Code.</DELETED>
        <DELETED>    (6) Person.--The term ``person'' means an 
        individual or entity.</DELETED>
        <DELETED>    (7) United states person.--The term ``United 
        States person'' means--</DELETED>
                <DELETED>    (A) a United States citizen or an alien 
                lawfully admitted for permanent residence to the United 
                States;</DELETED>
                <DELETED>    (B) an entity organized under the laws of 
                the United States or of any jurisdiction within the 
                United States, including a foreign branch of such an 
                entity; or</DELETED>
                <DELETED>    (C) a person in the United 
                States.</DELETED>

<DELETED>SEC. 3. STATEMENT OF POLICY.</DELETED>

<DELETED>    It is the policy of the United States--</DELETED>
        <DELETED>    (1) to prevent Hamas, the Palestinian Islamic 
        Jihad, or any affiliate or successor thereof from accessing its 
        international support networks;</DELETED>
        <DELETED>    (2) to oppose Hamas, the Palestinian Islamic 
        Jihad, or any affiliate or successor thereof from attempting to 
        use goods, including medicine and dual-use items, to smuggle 
        weapons and other materials to further acts of terrorism; 
        and</DELETED>
        <DELETED>    (3) to hold accountable Hamas, the Palestinian 
        Islamic Jihad, and their international support networks for 
        their attack against Israel on October 7, 2023.</DELETED>

<DELETED>SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
              PERSONS AND AGENCIES AND INSTRUMENTALITIES OF FOREIGN 
              STATES SUPPORTING HAMAS, THE PALESTINIAN ISLAMIC JIHAD, 
              OR ANY AFFILIATE OR SUCCESSOR THEREOF.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date of 
the enactment of this Act, the President shall impose the sanctions 
required under subsection (c) with respect to any foreign person and 
any agency or instrumentality of a foreign state that the President 
determines knowingly--</DELETED>
        <DELETED>    (1) assists in, sponsors, or provides significant 
        financial or material support for, or financial or other 
        services to or in support of any person described in subsection 
        (b); or</DELETED>
        <DELETED>    (2) directly or indirectly, materially engages in 
        a significant transaction with any person described in 
        subsection (b).</DELETED>
<DELETED>    (b) Person Described.--</DELETED>
        <DELETED>    (1) In general.--A person described in this 
        subsection is a foreign person that the President determines--
        </DELETED>
                <DELETED>    (A) is a senior member of Hamas, the 
                Palestinian Islamic Jihad, or any affiliate or 
                successor thereof;</DELETED>
                <DELETED>    (B) is a senior member of the Al-Aqsa 
                Martyr's Brigade, Lion's Den, or any other entity that 
                the President determines is part of the terrorist 
                infrastructure in the West Bank and Gaza;</DELETED>
                <DELETED>    (C) is a senior member of a foreign 
                terrorist organization designated pursuant to section 
                219 of the Immigration and Nationality Act (8 U.S.C. 
                1189) whose members directly or indirectly support any 
                of the activities of, knowingly engage in a significant 
                transaction with, or provide financial or material 
                support for Hamas, the Palestinian Islamic Jihad, any 
                affiliate or successor thereof, or any person described 
                in subparagraph (A) or (B); or</DELETED>
                <DELETED>    (D) knowingly provides or has provided 
                material assistance, financial or material support, or 
                goods or services that directly or indirectly supports 
                the terrorist activities of any foreign person 
                described in subparagraph (A) or (B).</DELETED>
        <DELETED>    (2) Requirement to issue guidance.--Not later than 
        60 days after the date of the enactment of this Act, and not 
        later than 180 days thereafter, the President shall issue 
        regulations or other guidance to identify the persons described 
        in this subsection.</DELETED>
<DELETED>    (c) Sanctions Required.--</DELETED>
        <DELETED>    (1) Foreign persons.--With respect to a foreign 
        person subject to sanctions under subsection (a), the President 
        shall exercise all powers granted to the President by the 
        International Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.) (except that the requirements of section 202 of such Act 
        (50 U.S.C. 1701) shall not apply) to the extent necessary to 
        block and prohibit all transactions in all property and 
        interests in property of the foreign person if such property 
        and interests in property are in the United States, come within 
        the United States, or are or come within the possession or 
        control of a United States person.</DELETED>
        <DELETED>    (2) Agencies or instrumentalities of a foreign 
        state.--With respect to an agency or instrumentality of a 
        foreign state subject to sanctions under subsection (a), the 
        President shall impose 2 or more of the following:</DELETED>
                <DELETED>    (A) The President may direct the Export-
                Import Bank of the United States not to give approval 
                to the issuance of any guarantee, insurance, extension 
                of credit, or participation in the extension of credit 
                in connection with the export of any goods or services 
                to the agency or instrumentality, and the Export-Import 
                Bank of the United States shall comply with any such 
                direction.</DELETED>
                <DELETED>    (B) The President may prohibit the sale of 
                any defense articles, defense services, or design and 
                construction services under the Arms Export Control Act 
                (22 U.S.C. 2751 et seq.) to the agency or 
                instrumentality.</DELETED>
                <DELETED>    (C) The President may prohibit the 
                issuance of licenses for export of any item on the 
                United States Munitions List under section 38(a)(1) of 
                the Arms Export Control Act (22 U.S.C. 2778(a)(1)) that 
                include the agency or instrumentality as a party to the 
                license.</DELETED>
                <DELETED>    (D) The President may prohibit the export 
                of any goods or technologies controlled for national 
                security reasons under the Export Administration 
                Regulations under subchapter C of chapter VII of title 
                15, Code of Federal Regulations, or successor 
                regulations, to the agency or instrumentality, except 
                that such prohibition shall not apply to any 
                transaction subject to the reporting requirements of 
                title V of the National Security Act of 1947 (50 U.S.C. 
                3091 et seq.).</DELETED>
                <DELETED>    (E) The President may prohibit any United 
                States financial institution from making loans or 
                providing any credit or financing totaling more than 
                $10,000,000 to the agency or instrumentality, except 
                that this subparagraph shall not apply to--</DELETED>
                        <DELETED>    (i) any transaction subject to the 
                        reporting requirements of title V of the 
                        National Security Act of 1947 (50 U.S.C. 3091 
                        et seq.);</DELETED>
                        <DELETED>    (ii) the provision of medicines, 
                        medical equipment, and humanitarian assistance; 
                        or</DELETED>
                        <DELETED>    (iii) any credit, credit 
                        guarantee, or financial assistance provided by 
                        the Department of Agriculture to support the 
                        purchase of food or other agricultural 
                        commodities.</DELETED>
                <DELETED>    (F) The President may exercise all powers 
                granted to the President by the International Emergency 
                Economic Powers Act (50 U.S.C. 1701 et seq.) (except 
                that the requirements of section 202 of such Act (50 
                U.S.C. 1701) shall not apply) to the extent necessary 
                to block and prohibit all transactions in all property 
                and interests in property of the agency or 
                instrumentality if such property and interests in 
                property are in the United States, come within the 
                United States, or are or come within the possession or 
                control of a United States person.</DELETED>
<DELETED>    (d) Congressional Nomination Determination With Respect to 
Foreign Persons Subject to Sanctions.--Not later than 60 days after 
receiving a request from the chairman and ranking member of one of the 
appropriate congressional committees with respect to whether a foreign 
person is subject to sanctions under subsection (a) pursuant to the 
criteria set forth in that subsection, the President shall--</DELETED>
        <DELETED>    (1) determine if the person meets those criteria; 
        and</DELETED>
        <DELETED>    (2) submit a classified or unclassified report to 
        such chairman and ranking member with respect to the 
        determination under paragraph (1) that includes a statement of 
        whether or not the President has imposed or intends to impose 
        sanctions with respect to that person.</DELETED>
<DELETED>    (e) Penalties.--</DELETED>
        <DELETED>    (1) In general.--The penalties provided for in 
        subsections (b) and (c) of section 206 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a 
        person that knowingly violates, attempts to violate, conspires 
        to violate, or causes a violation of regulations prescribed 
        under section 7(b) to carry out paragraph (1) or (2)(F) of 
        subsection (c) to the same extent that such penalties apply to 
        a person that knowingly commits an unlawful act described in 
        section 206(a) of that Act.</DELETED>
        <DELETED>    (2) Authorities.--The President may exercise all 
        authorities provided to the President under sections 203 and 
        205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) for purposes of carrying out paragraphs 
        (1) and (2)(F) of subsection (c).</DELETED>
<DELETED>    (f) Exception.--The President shall not be required to 
impose sanctions under this section with respect to a foreign person or 
an agency or instrumentality of a foreign state if the President 
certifies in writing to the appropriate congressional committees that--
</DELETED>
        <DELETED>    (1) the foreign person or agency or 
        instrumentality (as the case may be)--</DELETED>
                <DELETED>    (A) is no longer carrying out activities 
                or transactions subject to sanctions under this 
                section; or</DELETED>
                <DELETED>    (B) has taken and is continuing to take 
                significant verifiable steps toward terminating 
                activities or transactions subject to sanctions under 
                this section; and</DELETED>
        <DELETED>    (2) the President has received reliable assurances 
        from the foreign person or agency or instrumentality (as the 
        case may be) that it will not carry out any activities or 
        transactions subject to sanctions under this section in the 
        future.</DELETED>
<DELETED>    (g) Waiver.--</DELETED>
        <DELETED>    (1) In general.--The President may waive, on a 
        case-by-case basis and for a period of not more than 180 days, 
        a requirement under this section to impose or maintain 
        sanctions with respect to a foreign person or agency or 
        instrumentality of a foreign state if the President--</DELETED>
                <DELETED>    (A) determines that the waiver is in the 
                national security interest of the United States; 
                and</DELETED>
                <DELETED>    (B) not less than 30 days before the 
                waiver takes effect, submits to the appropriate 
                congressional committees a report on the waiver and the 
                justification for the waiver.</DELETED>
        <DELETED>    (2) Renewal of waiver.--The President may, on a 
        case-by-case basis, renew a waiver under paragraph (1) for 
        additional periods of not more than 180 days if the President--
        </DELETED>
                <DELETED>    (A) determines that the renewal of the 
                waiver is in the national security interest of the 
                United States; and</DELETED>
                <DELETED>    (B) not less than 15 days before the 
                waiver expires, submits to the appropriate 
                congressional committees a report on the renewal of the 
                waiver and the justification for the renewal of the 
                waiver.</DELETED>
<DELETED>    (h) Rule of Construction.--The authority to impose 
sanctions under this section with respect to a foreign person or an 
agency or instrumentality of a foreign state is in addition to the 
authority to impose sanctions under any other provision of law with 
respect to foreign persons or agencies or instrumentalities of foreign 
states that directly or indirectly support international 
terrorism.</DELETED>
<DELETED>    (i) Effective Date.--This section shall take effect on the 
date of the enactment of this Act and apply with respect to activities 
and transactions described in subsection (a) that are carried out on or 
after such date of enactment.</DELETED>

<DELETED>SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
              GOVERNMENTS THAT PROVIDE MATERIAL SUPPORT FOR THE 
              TERRORIST ACTIVITIES OF HAMAS, THE PALESTINIAN ISLAMIC 
              JIHAD, OR ANY AFFILIATE OR SUCCESSOR THEREOF.</DELETED>

<DELETED>    (a) Identification.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, and every 180 days 
        thereafter, the President shall submit to the appropriate 
        congressional committees a report that identifies the 
        following:</DELETED>
                <DELETED>    (A) Each government of a foreign country 
                that--</DELETED>
                        <DELETED>    (i) the Secretary of State 
                        determines has repeatedly provided support for 
                        acts of international terrorism pursuant to 
                        section 1754(c) of the Export Control Reform 
                        Act of 2018 (50 U.S.C. 4813(c)), section 40 of 
                        the Arms Export Control Act (22 U.S.C. 2780), 
                        section 620A of the Foreign Assistance Act of 
                        1961 (22 U.S.C. 2371), or any other provision 
                        of law; and</DELETED>
                        <DELETED>    (ii) the President determines has 
                        provided direct or indirect material support 
                        for the terrorist activities of Hamas, the 
                        Palestinian Islamic Jihad, or any affiliate or 
                        successor thereof.</DELETED>
                <DELETED>    (B) Each government of a foreign country 
                that--</DELETED>
                        <DELETED>    (i) is not identified under 
                        subparagraph (A); and</DELETED>
                        <DELETED>    (ii) the President determines 
                        knowingly engaged in a significant transaction 
                        that contributes to the efforts by the 
                        government of a foreign country described in 
                        subparagraph (A)(i) to provide direct or 
                        indirect material support for the terrorist 
                        activities of Hamas, the Palestinian Islamic 
                        Jihad, or any affiliate or successor 
                        thereof.</DELETED>
        <DELETED>    (2) Form of report.--Each report submitted under 
        paragraph (1) shall be submitted in unclassified form but may 
        contain a classified annex.</DELETED>
<DELETED>    (b) Imposition of Sanctions.--The President shall impose 
the following sanctions with respect to each government of a foreign 
country identified under subparagraph (A) or (B) of subsection 
(a)(1):</DELETED>
        <DELETED>    (1) The United States Government shall suspend, 
        for a period of one year, United States assistance to the 
        government of the foreign country.</DELETED>
        <DELETED>    (2) The Secretary of the Treasury shall instruct 
        the United States Executive Director to each appropriate 
        international financial institution to oppose, and vote 
        against, for a period of one year, the extension by that 
        institution of any loan or financial or technical assistance to 
        the government of the foreign country.</DELETED>
        <DELETED>    (3) No item on the United States Munitions List 
        under section 38(a)(1) of the Arms Export Control Act (22 
        U.S.C. 2778(a)(1)) or the Commerce Control List set forth in 
        Supplement No. 1 to part 774 of title 15, Code of Federal 
        Regulations (or any successor list), may be exported to the 
        government of the foreign country for a period of one 
        year.</DELETED>
<DELETED>    (c) Imposition of Additional Sanctions With Respect to 
Certain Foreign Governments.--The President shall impose the following 
additional sanctions with respect to each government of a foreign 
country identified under subsection (a)(1)(A):</DELETED>
        <DELETED>    (1) The President shall, pursuant to such 
        regulations as the President may prescribe, prohibit any 
        transactions in foreign exchange that are subject to the 
        jurisdiction of the United States and in which the government 
        of the foreign country has any interest.</DELETED>
        <DELETED>    (2) The President shall, pursuant to such 
        regulations as the President may prescribe, prohibit any 
        transfers of credit or payments between one or more financial 
        institutions or by, through, or to any financial institution, 
        to the extent that such transfers or payments are subject to 
        the jurisdiction of the United States and involve any interest 
        of the government of the foreign country.</DELETED>
<DELETED>    (d) Exceptions.--</DELETED>
        <DELETED>    (1) Military use exception.--The President shall 
        not be required to impose sanctions with respect to the 
        government of a foreign country pursuant to subsection (b)--
        </DELETED>
                <DELETED>    (A) with respect to materials intended to 
                be used by military or civilian personnel of the Armed 
                Forces of the United States at military facilities in 
                the country; or</DELETED>
                <DELETED>    (B) if the application of such sanctions 
                would prevent the United States from meeting the terms 
                of any status of forces agreement to which the United 
                States is a party.</DELETED>
        <DELETED>    (2) Humanitarian exception.--The following 
        activities shall be exempt from sanctions under this 
        section:</DELETED>
                <DELETED>    (A) The conduct or facilitation of a 
                transaction for the sale of agricultural commodities, 
                food, medicine, or medical devices to a foreign 
                government described in subsection (a) that is not 
                otherwise subject to the export control laws of the 
                United States.</DELETED>
                <DELETED>    (B) The provision of humanitarian 
                assistance to a foreign government described in 
                subsection(a), including engaging in a financial 
                transaction relating to humanitarian assistance or for 
                humanitarian purposes or transporting goods or services 
                that are necessary to carry out operations relating to 
                humanitarian assistance or humanitarian 
                purposes.</DELETED>
<DELETED>    (e) Waiver.--</DELETED>
        <DELETED>    (1) In general.--The President may waive, on a 
        case-by-case basis and for a period of not more than 180 days, 
        a requirement under subsection (b) or (c) to impose or maintain 
        sanctions with respect to a foreign government identified 
        pursuant to subparagraph (A) or (B) of subsection (a)(1) if the 
        President--</DELETED>
                <DELETED>    (A) determines that the waiver is in the 
                national security interest of the United States; 
                and</DELETED>
                <DELETED>    (B) not less than 30 days before the 
                waiver takes effect, submits to the appropriate 
                congressional committees a report on the waiver and the 
                justification for the waiver.</DELETED>
        <DELETED>    (2) Renewal of waiver.--The President may, on a 
        case-by-case basis, renew a waiver under paragraph (1) for 
        additional periods of not more than 180 days if the President--
        </DELETED>
                <DELETED>    (A) determines that the renewal of the 
                waiver is in the national security interest of the 
                United States; and</DELETED>
                <DELETED>    (B) not less than 15 days before the 
                waiver expires, submits to the appropriate 
                congressional committees a report on the renewal of the 
                waiver and the justification for the renewal of the 
                waiver.</DELETED>
        <DELETED>    (3) Sunset.--The authority of the President under 
        this subsection shall terminate on the date that is 2 years 
        after the date of the enactment of this Act.</DELETED>
<DELETED>    (f) Rule of Construction.--The authority to impose 
sanctions under subsection (b) or (c) with respect to each government 
of a foreign country identified pursuant to subparagraph (A) or (B) of 
subsection (a)(1) is in addition to the authority to impose sanctions 
under any other provision of law with respect to governments of foreign 
countries that provide material support to foreign terrorist 
organizations designated pursuant to section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189).</DELETED>
<DELETED>    (g) Termination.--The President may terminate any 
sanctions imposed with respect to the government of a foreign country 
under subsection (b) or (c) if the President determines and notifies 
the appropriate congressional committees that the government of the 
foreign country is no longer carrying out activities or transactions 
for which the sanctions were imposed and has provided assurances to the 
United States Government that it will not carry out those activities or 
transactions in the future.</DELETED>
<DELETED>    (h) Effective Date.--This section shall take effect on the 
date of the enactment of this Act and apply with respect to activities 
and transactions described in subparagraph (A) or (B) of subsection 
(a)(1) that are carried out on or after such date of 
enactment.</DELETED>

<DELETED>SEC. 6. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES TO DISRUPT 
              GLOBAL FUNDRAISING, FINANCING, AND MONEY LAUNDERING 
              ACTIVITIES OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR 
              ANY AFFILIATE OR SUCCESSOR THEREOF.</DELETED>

<DELETED>    (a) Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall submit 
        to the appropriate committees of Congress a report that 
        includes--</DELETED>
                <DELETED>    (A) a list of foreign countries that 
                support Hamas, the Palestinian Islamic Jihad, or any 
                affiliate or successor thereof, or in which Hamas 
                maintains important portions of its financial 
                networks;</DELETED>
                <DELETED>    (B) with respect to each foreign country 
                on the list required by subparagraph (A)--</DELETED>
                        <DELETED>    (i) an assessment of whether the 
                        government of the country is taking adequate 
                        measures to freeze the assets of Hamas, the 
                        Palestinian Islamic Jihad, or any affiliate or 
                        successor thereof within the territory of the 
                        country; and</DELETED>
                        <DELETED>    (ii) in the case of a country the 
                        government of which is not taking adequate 
                        measures to freeze the assets of Hamas--
                        </DELETED>
                                <DELETED>    (I) an assessment of the 
                                reasons that government is not taking 
                                adequate measures to freeze those 
                                assets; and</DELETED>
                                <DELETED>    (II) a description of 
                                measures being taken by the United 
                                States Government to encourage that 
                                government to freeze those 
                                assets;</DELETED>
                <DELETED>    (C) a list of foreign countries in which 
                Hamas, the Palestinian Islamic Jihad, or any affiliate 
                or successor thereof, conducts significant fundraising, 
                financing, or money laundering activities;</DELETED>
                <DELETED>    (D) with respect to each foreign country 
                on the list required by subparagraph (C)--</DELETED>
                        <DELETED>    (i) an assessment of whether the 
                        government of the country is taking adequate 
                        measures to disrupt the fundraising, financing, 
                        or money laundering activities of Hamas, the 
                        Palestinian Islamic Jihad, or any affiliate or 
                        successor thereof within the territory of the 
                        country; and</DELETED>
                        <DELETED>    (ii) in the case of a country the 
                        government of which is not taking adequate 
                        measures to disrupt those activities--
                        </DELETED>
                                <DELETED>    (I) an assessment of the 
                                reasons that government is not taking 
                                adequate measures to disrupt those 
                                activities; and</DELETED>
                                <DELETED>    (II) a description of 
                                measures being taken by the United 
                                States Government to encourage that 
                                government to improve measures to 
                                disrupt those activities; and</DELETED>
                <DELETED>    (E) a list of foreign countries from which 
                Hamas, the Palestinian Islamic Jihad, or any affiliate 
                or successor thereof, acquires surveillance equipment, 
                electronic monitoring equipment, or other means to 
                inhibit communication or political expression in 
                Gaza.</DELETED>
        <DELETED>    (2) Form.--The report required by paragraph (1) 
        shall be submitted in unclassified form to the greatest extent 
        possible and may contain a classified annex.</DELETED>
<DELETED>    (b) Briefing.--Not later than 180 days after the date of 
the enactment of this Act, and every 180 days thereafter for the 
following 3 years, the Secretary of State, the Secretary of the 
Treasury, and the heads of other applicable Federal departments and 
agencies (or their designees) shall provide to the appropriate 
committees of Congress a briefing on the disposition of the assets and 
activities of Hamas, the Palestinian Islamic Jihad, or any successor or 
affiliate thereof related to fundraising, financing, and money 
laundering worldwide.</DELETED>
<DELETED>    (c) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' means--
</DELETED>
        <DELETED>    (1) the Committee on Foreign Relations, the 
        Committee on Banking, Housing, and Urban Affairs, and the 
        Select Committee on Intelligence of the Senate; and</DELETED>
        <DELETED>    (2) the Committee on Foreign Affairs, the 
        Committee on Financial Services, and the Permanent Select 
        Committee on Intelligence of the House of 
        Representatives.</DELETED>

<DELETED>SEC. 7. MISCELLANEOUS PROVISIONS.</DELETED>

<DELETED>    (a) Rules of Construction.--</DELETED>
        <DELETED>    (1) Intelligence activities.--Nothing in this Act 
        shall be construed to apply to the authorized intelligence 
        activities of the United States.</DELETED>
        <DELETED>    (2) Assistance to palestinians.--Nothing in this 
        Act shall be construed to prohibit the President from providing 
        assistance that benefits Palestinians in the West Bank and Gaza 
        if such assistance is consistent with authorities and 
        requirements under other provisions of law, including section 
        1004(a) of the Taylor Force Act (22 U.S.C. 2378c-1(a)) and 
        sections 620K and 620L of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2378b and 2378c).</DELETED>
<DELETED>    (b) Regulatory Authority.--The President shall, not later 
than 180 days after the date of the enactment of this Act, prescribe 
regulations as are necessary for the implementation of this 
Act.</DELETED>
<DELETED>    (c) Exceptions.--</DELETED>
        <DELETED>    (1) Exception relating to importation of goods.--
        </DELETED>
                <DELETED>    (A) In general.--The authorities and 
                requirements to impose sanctions authorized under this 
                Act shall not include the authority or requirement to 
                impose sanctions on the importation of goods.</DELETED>
                <DELETED>    (B) Good defined.--In this paragraph, the 
                term ``good'' means any article, natural or man-made 
                substance, material, supply or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.</DELETED>
        <DELETED>    (2) Exception for approved humanitarian 
        assistance.--No foreign person, agency or instrumentality of a 
        foreign state, or government of a foreign country may be 
        subject to sanctions under section (4)(c) or 5(b) with respect 
        to the provision of humanitarian assistance to the West Bank 
        and Gaza that was approved by the Secretary of State with the 
        concurrence of the Secretary of the Treasury.</DELETED>
<DELETED>    (d) Termination.--This Act shall terminate on the earlier 
of--</DELETED>
        <DELETED>    (1) 30 days after the date on which the President 
        certifies to the appropriate congressional committees that 
        Hamas and the Palestinian Islamic Jihad, or any successor or 
        affiliate thereof--</DELETED>
                <DELETED>    (A) are no longer designated as a foreign 
                terrorist organization pursuant to section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 
                1189);</DELETED>
                <DELETED>    (B) are no longer subject to sanctions 
                pursuant to--</DELETED>
                        <DELETED>    (i) Executive Order 12947 (50 
                        U.S.C. 1701 note; relating to prohibiting 
                        transactions with terrorists who threaten to 
                        disrupt the Middle East peace process); 
                        and</DELETED>
                        <DELETED>    (ii) Executive Order 13224 (50 
                        U.S.C. 1701 note; relating to blocking property 
                        and prohibiting transactions with persons who 
                        commit, threaten to commit, or support 
                        terrorism); and</DELETED>
                <DELETED>    (C) meet the criteria described in 
                paragraphs (1) through (4) of section 9 of the 
                Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
                446; 22 U.S.C. 2378b note); or</DELETED>
        <DELETED>    (2) 3 years after the date of the enactment of 
        this Act.</DELETED>

<DELETED>SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.</DELETED>

<DELETED>    The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go-Act of 2010 (2 U.S.C. 931 et 
seq.), shall be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for 
printing in the Congressional Record by the Chairman of the Senate 
Budget Committee, provided that such statement has been submitted prior 
to the vote on passage.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hamas and 
Palestinian Islamic Jihad International Terrorism Support Prevention 
Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
Sec. 4. Imposition of sanctions with respect to foreign persons and 
                            agencies and instrumentalities of foreign 
                            states supporting Hamas, the Palestinian 
                            Islamic Jihad, or any affiliate or 
                            successor thereof.
Sec. 5. Imposition of sanctions with respect to foreign governments 
                            that provide material support for the 
                            terrorist activities of Hamas, the 
                            Palestinian Islamic Jihad, or any affiliate 
                            or successor thereof.
Sec. 6. Report on activities of foreign countries to disrupt global 
                            fundraising, financing, and money 
                            laundering activities of Hamas, the 
                            Palestinian Islamic Jihad, or any affiliate 
                            or successor thereof.
Sec. 7. Miscellaneous provisions.
Sec. 8. Determination of budgetary effects.
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
Sec. 4. Imposition of sanctions with respect to foreign persons and 
                            agencies and instrumentalities of foreign 
                            states supporting Hamas, the Palestinian 
                            Islamic Jihad, or any affiliate or 
                            successor thereof.
Sec. 5. Imposition of sanctions with respect to foreign governments 
                            that provide material support for the 
                            terrorist activities of Hamas, the 
                            Palestinian Islamic Jihad, or any affiliate 
                            or successor thereof.
Sec. 6. Report on activities of foreign countries to disrupt global 
                            fundraising, financing, and money 
                            laundering activities of Hamas, the 
                            Palestinian Islamic Jihad, or any affiliate 
                            or successor thereof.
Sec. 7. Modification and extension of Sanctioning the Use of Civilians 
                            as Defenseless Shields Act.
Sec. 8. Confronting asymmetric and malicious cyber activities.
Sec. 9. Sanctions with respect to threats to current or former United 
                            States officials.
Sec. 10. Resources for sanctions implementation at the Department of 
                            State.
Sec. 11. Report on impacts on the Islamic Republic of Iran of sanctions 
                            imposed by the United States.
Sec. 12. Miscellaneous provisions.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Admitted; alien; lawfully admitted for permanent 
        residence.--The terms ``admitted'', ``alien'', and ``lawfully 
        admitted for permanent residence'' have the meanings given 
        those terms in section 101 of the Immigration and Nationality 
        Act (8 U.S.C. 1101).
            (2) Agency or instrumentality of a foreign state.--The term 
        ``agency or instrumentality of a foreign state'' has the 
        meaning given that term in section 1603(b) of title 28, United 
        States Code.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (4) Foreign person.--The term ``foreign person'' means--
                    (A) an individual who is not a United States 
                person; or
                    (B) a corporation, partnership, or other 
                nongovernmental entity that is not a United States 
                person.
            (5) Hamas.--The term ``Hamas'' means--
                    (A) the entity known as Hamas and designated by the 
                Secretary of State as a foreign terrorist organization 
                pursuant to section 219 of the Immigration and 
                Nationality Act (8 U.S.C. 1189); or
                    (B) any person identified as an agent or 
                instrumentality of Hamas on the list of specially 
                designated nationals and blocked persons maintained by 
                the Office of Foreign Assets Control of the Department 
                of the Treasury, the property or interests in property 
                of which are blocked pursuant to the International 
                Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
            (6) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (7) Palestine islamic jihad.--The term ``Palestine Islamic 
        Jihad'' means--
                    (A) the entity known as Palestine Islamic Jihad and 
                designated by the Secretary of State as a foreign 
                terrorist organization pursuant to section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 1189); or
                    (B) any person identified as an agent or 
                instrumentality of Palestine Islamic Jihad on the list 
                of specially designated nationals and blocked persons 
                maintained by the Office of Foreign Asset Control of 
                the Department of the Treasury, the property or 
                interests in property of which are blocked pursuant to 
                the International Emergency Economic Powers Act (50 
                U.S.C. 1701 et seq.).
            (8) Person.--The term ``person'' means an individual or 
        entity.
            (9) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) a person in the United States.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to prevent Hamas, the Palestinian Islamic Jihad, or any 
        affiliate or successor thereof from accessing its international 
        support networks;
            (2) to oppose Hamas, the Palestinian Islamic Jihad, or any 
        affiliate or successor thereof from attempting to use the trade 
        in and transport of goods, including medicine and dual-use 
        items, to smuggle weapons and other materials to further acts 
        of terrorism;
            (3) following the Hamas terror attacks of October 7, 2023, 
        from Gaza against Israel--
                    (A) to support the security of Israel from 
                terrorism and other violent attacks emanating from 
                Gaza;
                    (B) to oppose the forcible displacement of 
                Palestinians from Gaza;
                    (C) to support the right of Palestinians displaced 
                during the war to return to their homes; and
                    (D) to oppose the reoccupation of Gaza by Israel; 
                and
            (4) to hold accountable Hamas, the Palestinian Islamic 
        Jihad, and their international support networks for their 
        attack against Israel on October 7, 2023, and previous acts of 
        international terrorism.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS AND 
              AGENCIES AND INSTRUMENTALITIES OF FOREIGN STATES 
              SUPPORTING HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY 
              AFFILIATE OR SUCCESSOR THEREOF.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall impose the sanctions 
described in subsection (c) with respect to any foreign person and any 
agency or instrumentality of a foreign state that the President 
determines knowingly--
            (1) provides significant financial or material support to 
        any person described in subsection (b); or
            (2) engages in a significant transaction with any person 
        described in subsection (b).
    (b) Person Described.--A person described in this subsection is a 
foreign person that the President determines--
            (1) is a senior member of Hamas, the Palestinian Islamic 
        Jihad, or any affiliate or successor thereof;
            (2) is a senior member of the Al-Aqsa Martyr's Brigade or 
        any affiliate or successor thereof;
            (3) is a senior member of a foreign terrorist organization 
        designated pursuant to section 219 of the Immigration and 
        Nationality Act (8 U.S.C. 1189) whose members directly or 
        indirectly support any of the activities of, knowingly engage 
        in a significant transaction with, or provide financial or 
        material support for Hamas, the Palestinian Islamic Jihad, any 
        affiliate or successor thereof, or any person described in 
        paragraph (1) or (2); or
            (4) knowingly provides assistance or financial or material 
        support that supports the terrorist activities of any foreign 
        person described in paragraph (1), (2), or (3).
    (c) Sanctions Described.--
            (1) Foreign persons.--With respect to a foreign person 
        subject to sanctions under subsection (a), the President shall 
        exercise all powers granted to the President by the 
        International Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.) (except that the requirements of section 202 of such Act 
        (50 U.S.C. 1701) shall not apply) to the extent necessary to 
        block and prohibit all transactions in all property and 
        interests in property of the foreign person if such property 
        and interests in property are in the United States, come within 
        the United States, or are or come within the possession or 
        control of a United States person.
            (2) Agencies or instrumentalities of a foreign state.--With 
        respect to an agency or instrumentality of a foreign state 
        subject to sanctions under subsection (a), the President shall 
        impose 2 or more of the following:
                    (A) The President may direct the Export-Import Bank 
                of the United States not to give approval to the 
                issuance of any guarantee, insurance, extension of 
                credit, or participation in the extension of credit in 
                connection with the export of any goods or services to 
                the agency or instrumentality, and the Export-Import 
                Bank of the United States shall comply with any such 
                direction.
                    (B) The President may prohibit the sale of any 
                defense articles, defense services, or design and 
                construction services under the Arms Export Control Act 
                (22 U.S.C. 2751 et seq.) to the agency or 
                instrumentality.
                    (C) The President may prohibit the issuance of 
                licenses for export of any item on the United States 
                Munitions List under section 38(a)(1) of the Arms 
                Export Control Act (22 U.S.C. 2778(a)(1)) that include 
                the agency or instrumentality as a party to the 
                license.
                    (D) The President may prohibit the export of any 
                goods or technologies controlled for national security 
                reasons under the Export Administration Regulations 
                under subchapter C of chapter VII of title 15, Code of 
                Federal Regulations, or successor regulations, to the 
                agency or instrumentality, except that such prohibition 
                shall not apply to any transaction subject to the 
                reporting requirements of title V of the National 
                Security Act of 1947 (50 U.S.C. 3091 et seq.).
                    (E) The President may prohibit any United States 
                financial institution from making loans or providing 
                any credit or financing totaling more than $10,000,000 
                to the agency or instrumentality, except that this 
                subparagraph shall not apply to--
                            (i) any transaction subject to the 
                        reporting requirements of title V of the 
                        National Security Act of 1947 (50 U.S.C. 3091 
                        et seq.);
                            (ii) the provision of medicines, medical 
                        equipment, and humanitarian assistance; or
                            (iii) any credit, credit guarantee, or 
                        financial assistance provided by the Department 
                        of Agriculture to support the purchase of food 
                        or other agricultural commodities.
                    (F) The President may exercise all powers granted 
                to the President by the International Emergency 
                Economic Powers Act (50 U.S.C. 1701 et seq.) (except 
                that the requirements of section 202 of such Act (50 
                U.S.C. 1701) shall not apply) to the extent necessary 
                to block and prohibit all transactions in all property 
                and interests in property of the agency or 
                instrumentality if such property and interests in 
                property are in the United States, come within the 
                United States, or are or come within the possession or 
                control of a United States person.
    (d) Congressional Requests With Respect to Foreign Persons Subject 
to Sanctions.--Not later than 120 days after receiving a request from 
the chairman and ranking member of one of the appropriate congressional 
committees with respect to whether a foreign person is subject to 
sanctions under subsection (a) pursuant to the criteria set forth in 
that subsection, the President shall--
            (1) determine if the person meets those criteria; and
            (2) submit a classified or unclassified report to such 
        chairman and ranking member with respect to the determination 
        under paragraph (1) that includes a statement of whether or not 
        the President has imposed or intends to impose sanctions with 
        respect to that person.
    (e) Penalties.--
            (1) In general.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
        that knowingly violates, attempts to violate, conspires to 
        violate, or causes a violation of regulations prescribed under 
        section 12(b) to carry out paragraph (1) or (2)(F) of 
        subsection (c) to the same extent that such penalties apply to 
        a person that knowingly commits an unlawful act described in 
        section 206(a) of that Act.
            (2) Authorities.--The President may exercise all 
        authorities provided to the President under sections 203 and 
        205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) for purposes of carrying out paragraphs 
        (1) and (2)(F) of subsection (c).
    (f) Exception.--The President shall not be required to impose 
sanctions under this section with respect to a foreign person or an 
agency or instrumentality of a foreign state if the President certifies 
in writing to the appropriate congressional committees that--
            (1) the foreign person or agency or instrumentality (as the 
        case may be)--
                    (A) is no longer carrying out activities or 
                transactions subject to sanctions under this section; 
                or
                    (B) has taken and is continuing to take significant 
                verifiable steps toward terminating activities or 
                transactions subject to sanctions under this section; 
                and
            (2) the President has received reliable assurances from the 
        foreign person or agency or instrumentality (as the case may 
        be) that it will not carry out any activities or transactions 
        subject to sanctions under this section in the future.
    (g) Waiver.--The President may waive, on a case-by-case basis and 
for renewable periods of not more than 180 days, a requirement under 
this section to impose or maintain sanctions with respect to a foreign 
person or agency or instrumentality of a foreign state if the 
President--
            (1) determines that the waiver is in the national security 
        interest of the United States; and
            (2) not less than 15 days before granting the waiver, 
        submits to the appropriate congressional committees a report on 
        the waiver and the justification for the waiver.
    (h) Effective Date.--This section shall take effect on the date 
that is 180 days after the date of enactment of this Act and apply with 
respect to activities and transactions described in subsection (a) that 
are carried out on or after such date of enactment.
    (i) Sunset.--This section shall terminate on the earlier of--
            (1) 30 days after the date on which the President certifies 
        to the appropriate congressional committees that Hamas and the 
        Palestinian Islamic Jihad, or any successor or affiliate 
        thereof--
                    (A) are no longer designated as a foreign terrorist 
                organization pursuant to section 219 of the Immigration 
                and Nationality Act (8 U.S.C. 1189);
                    (B) are no longer subject to sanctions pursuant 
                to--
                            (i) Executive Order 12947 (50 U.S.C. 1701 
                        note; relating to prohibiting transactions with 
                        terrorists who threaten to disrupt the Middle 
                        East peace process); and
                            (ii) Executive Order 13224 (50 U.S.C. 1701 
                        note; relating to blocking property and 
                        prohibiting transactions with persons who 
                        commit, threaten to commit, or support 
                        terrorism); and
                    (C) meet the criteria described in paragraphs (1) 
                through (4) of section 9 of the Palestinian Anti-
                Terrorism Act of 2006 (Public Law 109-446; 22 U.S.C. 
                2378b note); or
            (2) 3 years after the date of the enactment of this Act.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN GOVERNMENTS 
              THAT PROVIDE MATERIAL SUPPORT FOR THE TERRORIST 
              ACTIVITIES OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR 
              ANY AFFILIATE OR SUCCESSOR THEREOF.

    (a) Identification.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 180 days thereafter, the 
        President shall submit to the appropriate congressional 
        committees a report that identifies the following:
                    (A) Each government of a foreign country that--
                            (i) the Secretary of State determines has 
                        repeatedly provided support for acts of 
                        international terrorism pursuant to section 
                        1754(c) of the Export Control Reform Act of 
                        2018 (50 U.S.C. 4813(c)), section 40 of the 
                        Arms Export Control Act (22 U.S.C. 2780), 
                        section 620A of the Foreign Assistance Act of 
                        1961 (22 U.S.C. 2371), or any other provision 
                        of law; and
                            (ii) the President determines has provided 
                        direct or indirect material support for the 
                        terrorist activities of Hamas, the Palestinian 
                        Islamic Jihad, or any affiliate or successor 
                        thereof.
                    (B) Each government of a foreign country that--
                            (i) is not identified under subparagraph 
                        (A); and
                            (ii) the President determines knowingly 
                        engaged in a significant transaction that 
                        contributes to the efforts by the government of 
                        a foreign country described in subparagraph 
                        (A)(i) to provide direct or indirect material 
                        support for the terrorist activities of Hamas, 
                        the Palestinian Islamic Jihad, or any affiliate 
                        or successor thereof.
            (2) Form of report.--Each report submitted under paragraph 
        (1) shall be submitted in unclassified form but may contain a 
        classified annex.
    (b) Imposition of Sanctions.--The President shall impose the 
following sanctions with respect to each government of a foreign 
country identified under subparagraph (A) or (B) of subsection (a)(1):
            (1) The United States Government shall suspend, for a 
        period of one year, United States assistance to the government 
        of the foreign country.
            (2) The Secretary of the Treasury shall instruct the United 
        States Executive Director to each appropriate international 
        financial institution to oppose, and vote against, for a period 
        of one year, the extension by that institution of any loan or 
        financial or technical assistance to the government of the 
        foreign country.
            (3) No item on the United States Munitions List under 
        section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 
        2778(a)(1)) or the Commerce Control List set forth in 
        Supplement No. 1 to part 774 of title 15, Code of Federal 
        Regulations (or any successor list), may be exported to the 
        government of the foreign country for a period of one year.
    (c) Imposition of Additional Sanctions With Respect to Certain 
Foreign Governments.--The President shall impose the following 
additional sanctions with respect to each government of a foreign 
country identified under subsection (a)(1)(A):
            (1) The President shall, pursuant to such regulations as 
        the President may prescribe, prohibit any transactions in 
        foreign exchange that are subject to the jurisdiction of the 
        United States and in which the government of the foreign 
        country has any interest.
            (2) The President shall, pursuant to such regulations as 
        the President may prescribe, prohibit any transfers of credit 
        or payments between one or more financial institutions or by, 
        through, or to any financial institution, to the extent that 
        such transfers or payments are subject to the jurisdiction of 
        the United States and involve any interest of the government of 
        the foreign country.
    (d) Military Use Exception.--The President shall not be required to 
impose sanctions with respect to the government of a foreign country 
pursuant to subsection (b)--
            (1) with respect to materials intended to be used by 
        military or civilian personnel of the Armed Forces of the 
        United States at military facilities in the country; or
            (2) if the application of such sanctions would prevent the 
        United States from meeting the terms of any status of forces 
        agreement to which the United States is a party or otherwise 
        would not further the national security interests of the United 
        States.
    (e) Waiver.--The President may waive the application of sanctions 
under this section on a case-by-case basis and for renewable periods of 
not more than 180 days if the President--
            (1) determines that the waiver is in the national security 
        interests of the United States; and
            (2) not less than 15 days before the granting of the 
        waiver, submits to the appropriate congressional committees a 
        report on the waiver and the justification for the waiver.
    (f) Effective Date.--This section shall take effect 180 days after 
the date of the enactment of this Act and apply with respect to 
activities and transactions described in subparagraph (A) or (B) of 
subsection (a)(1) that are carried out on or after such date of 
enactment.
    (g) Termination and Sunset.--
            (1) Termination of sanctions.--The President may terminate 
        any sanctions imposed with respect to the government of a 
        foreign country under subsection (b) or (c) if the President 
        determines and notifies the appropriate congressional 
        committees that the government of the foreign country is no 
        longer carrying out activities or transactions for which the 
        sanctions were imposed and has provided assurances to the 
        United States Government that it will not carry out those 
        activities or transactions in the future.
            (2) Sunset.--This section shall terminate on the earlier 
        of--
                    (A) 30 days after the date on which the President 
                certifies to the appropriate congressional committees 
                that Hamas and the Palestinian Islamic Jihad, or any 
                successor or affiliate thereof--
                            (i) are no longer designated as a foreign 
                        terrorist organization pursuant to section 219 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1189);
                            (ii) are no longer subject to sanctions 
                        pursuant to--
                                    (I) Executive Order 12947 (50 
                                U.S.C. 1701 note; relating to 
                                prohibiting transactions with 
                                terrorists who threaten to disrupt the 
                                Middle East peace process); and
                                    (II) Executive Order 13224 (50 
                                U.S.C. 1701 note; relating to blocking 
                                property and prohibiting transactions 
                                with persons who commit, threaten to 
                                commit, or support terrorism); and
                            (iii) meet the criteria described in 
                        paragraphs (1) through (4) of section 9 of the 
                        Palestinian Anti-Terrorism Act of 2006 (Public 
                        Law 109-446; 22 U.S.C. 2378b note); or
                    (B) 2 years after the date of the enactment of this 
                Act.

SEC. 6. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES TO DISRUPT GLOBAL 
              FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES 
              OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE 
              OR SUCCESSOR THEREOF.

    (a) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate committees of Congress a report that includes--
                    (A) a list of foreign countries that provide 
                significant financial support for Hamas, the 
                Palestinian Islamic Jihad, or any affiliate or 
                successor thereof, or in which Hamas maintains 
                significant portions of its financial networks;
                    (B) with respect to each foreign country on the 
                list required by subparagraph (A)--
                            (i) an assessment of whether the government 
                        of the country is taking measures to restrict 
                        or block access to the assets of Hamas, the 
                        Palestinian Islamic Jihad, or any affiliate or 
                        successor thereof within the territory of the 
                        country; and
                            (ii) in the case of a country the 
                        government of which is not taking measures to 
                        freeze the assets of Hamas--
                                    (I) an assessment of the reasons 
                                that government is not taking adequate 
                                measures to freeze those assets; and
                                    (II) a description of measures 
                                being taken by the United States 
                                Government to encourage that government 
                                to freeze those assets;
                    (C) a list of foreign countries in which Hamas, the 
                Palestinian Islamic Jihad, or any affiliate or 
                successor thereof, conducts significant fundraising, 
                financing, or money laundering activities;
                    (D) with respect to each foreign country on the 
                list required by subparagraph (C)--
                            (i) an assessment of whether the government 
                        of the country is taking measures to disrupt 
                        known fundraising, financing, or money 
                        laundering activities of Hamas, the Palestinian 
                        Islamic Jihad, or any affiliate or successor 
                        thereof within the territory of the country; 
                        and
                            (ii) in the case of a country the 
                        government of which is not taking measures to 
                        disrupt those activities--
                                    (I) an assessment of the reasons 
                                that government is not taking measures 
                                to disrupt those activities; and
                                    (II) a description of measures 
                                being taken by the United States 
                                Government to encourage that government 
                                to improve measures to disrupt those 
                                activities; and
                    (E) a list of foreign countries from which Hamas, 
                the Palestinian Islamic Jihad, or any affiliate or 
                successor thereof, acquires surveillance equipment, 
                electronic monitoring equipment, or other means to 
                inhibit communication or political expression in Gaza.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form to the greatest extent possible 
        and may contain a classified annex.
    (b) Briefing.--Not later than 180 days after the date of the 
enactment of this Act, and every 180 days thereafter for the following 
3 years, the Secretary of State, the Secretary of the Treasury, and the 
heads of other applicable Federal departments and agencies (or their 
designees) shall provide to the appropriate committees of Congress a 
briefing on the disposition of the assets and activities of Hamas, the 
Palestinian Islamic Jihad, or any successor or affiliate thereof 
related to fundraising, financing, and money laundering worldwide.
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Banking, Housing, and Urban Affairs, and the Select Committee 
        on Intelligence of the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Financial Services, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

SEC. 7. MODIFICATION AND EXTENSION OF SANCTIONING THE USE OF CIVILIANS 
              AS DEFENSELESS SHIELDS ACT.

    (a) In General.--Section 3 of the Sanctioning the Use of Civilians 
as Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is 
amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraph (3) as paragraph 
                (4); and
                    (B) by inserting after paragraph (2) the following:
            ``(3) Each foreign person that the President determines, on 
        or after the date of the enactment of the Hamas and Palestinian 
        Islamic Jihad International Terrorism Support Prevention Act of 
        2024--
                    ``(A) is a member of Palestine Islamic Jihad or is 
                knowingly acting on behalf of Palestine Islamic Jihad; 
                and
                    ``(B) knowingly orders, controls, or otherwise 
                directs the use of civilians protected as such by the 
                law of war to shield military objectives from 
                attack.'';
            (2) by redesignating subsections (e), (f), (g), (h), and 
        (i) as subsections (f), (g), (h), (i), and (j), respectively; 
        and
            (3) by inserting after subsection (d) the following:
    ``(e) Congressional Requests.--Not later than 120 days after 
receiving a request from the chairman and ranking member of one of the 
appropriate congressional committees with respect to whether a foreign 
person meets the criteria of a person described in subsection (b) or 
(c), the President shall--
            ``(1) determine if the person meets such criteria; and
            ``(2) submit a written justification to the chairman and 
        ranking member detailing whether or not the President imposed 
        or intends to impose sanctions described in subsection (b) or 
        (c) with respect to such person.''.
    (b) Definitions.--Section 4 of the Sanctioning the Use of Civilians 
as Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is 
amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following:
            ``(7) Palestine islamic jihad.--The term `Palestine Islamic 
        Jihad' means--
                    ``(A) the entity known as Palestine Islamic Jihad 
                and designated by the Secretary of State as a foreign 
                terrorist organization pursuant to section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 1189); or
                    ``(B) any person identified as an agent or 
                instrumentality of Palestine Islamic Jihad on the list 
                of specially designated nationals and blocked persons 
                maintained by the Office of Foreign Asset Control of 
                the Department of the Treasury, the property or 
                interests in property of which are blocked pursuant to 
                the International Emergency Economic Powers Act (50 
                U.S.C. 1701 et seq.).''.
    (c) Sunset.--Section 5 of the Sanctioning the Use of Civilians as 
Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is 
amended by striking ``December 31, 2023'' and inserting ``December 31, 
2030''.

SEC. 8. CONFRONTING ASYMMETRIC AND MALICIOUS CYBER ACTIVITIES.

    (a) In General.--On and after the date that is 180 days after the 
date of the enactment of this Act, the President may impose the 
sanctions described in subsection (b) with respect to any foreign 
person that the President determines, on or after such date of 
enactment--
            (1) is responsible for or complicit in, or has engaged 
        knowingly in, significant cyber-enabled activities originating 
        from, or directed by persons located, in whole or in 
        substantial part, outside the United States that are reasonably 
        likely to result in, or have materially contributed to, a 
        significant threat to the national security, foreign policy, or 
        economic health or financial stability of the United States;
            (2) materially assisted, sponsored, or provided financial, 
        material, or technological support for, or goods or services to 
        or in support of, any activity described in this subsection or 
        any person whose property and interests in property are blocked 
        pursuant to this section;
            (3) is owned or controlled by, or has acted or purported to 
        act for or on behalf of, directly or indirectly, any person 
        whose property and interests in property are blocked pursuant 
        to this section; or
            (4) has attempted to engage in any of the activities 
        described in paragraph (1), (2), or (3).
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Inadmissibility to united states.--In the case of an 
        alien--
                    (A) ineligibility to receive a visa to enter the 
                United States or to be admitted to the United States; 
                or
                    (B) if the individual has been issued a visa or 
                other documentation, revocation, in accordance with 
                section 221(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1201(i)), of the visa or other documentation.
            (2) Blocking of property.--The blocking, in accordance with 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.), of all transactions in all property and interests in 
        property of a foreign person if such property and interests in 
        property are in the United States, come within the United 
        States, or are or come within the possession or control of a 
        United States person.
    (c) Requests by Appropriate Congressional Committees.--
            (1) In general.--Not later than 120 days after receiving a 
        request that meets the requirements of paragraph (2) with 
        respect to whether a foreign person has engaged in an activity 
        described in subsection (a), the President shall--
                    (A) determine if that person has engaged in such an 
                activity; and
                    (B) submit a classified or unclassified report to 
                the chairperson and ranking member of the committee or 
                committees that submitted the request with respect to 
                that determination that includes--
                            (i) a statement of whether or not the 
                        President imposed or intends to impose 
                        sanctions with respect to the person;
                            (ii) if the President imposed or intends to 
                        impose sanctions, a description of those 
                        sanctions; and
                            (iii) if the President does not intend to 
                        impose sanctions, a description of actions that 
                        meet the threshold for the President to impose 
                        sanctions.
            (2) Requirements.--A request under paragraph (1) with 
        respect to whether a foreign person has engaged in an activity 
        described in subsection (a) shall be submitted to the President 
        in writing jointly by the chairperson and ranking member of one 
        of the appropriate congressional committees.

SEC. 9. SANCTIONS WITH RESPECT TO THREATS TO CURRENT OR FORMER UNITED 
              STATES OFFICIALS.

    (a) In General.--On and after the date that is 180 days after the 
date of the enactment of this Act, the President shall impose the 
sanctions described in subsection (b) with respect to any foreign 
person the President determines has, on or after such date of 
enactment, ordered, directed, or taken material steps to carry out any 
use of violence or has attempted or threatened to use violence against 
any current or former official of the Government of the United States.
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Inadmissibility to united states.--In the case of a 
        foreign person who is an individual--
                    (A) ineligibility to receive a visa to enter the 
                United States or to be admitted to the United States; 
                or
                    (B) if the individual has been issued a visa or 
                other documentation, revocation, in accordance with 
                section 221(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1201(i)), of the visa or other documentation.
            (2) Blocking of property.--The blocking, in accordance with 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.), of all transactions in all property and interests in 
        property of a foreign person if such property and interests in 
        property are in the United States, come within the United 
        States, or are or come within the possession or control of a 
        United States person.
    (c) Enforcement of Blocking of Property.--A person that violates, 
attempts to violate, conspires to violate, or causes a violation of a 
sanction described in subsection (b)(2) that is imposed by the 
President or any regulation, license, or order issued to carry out such 
a sanction shall be subject to the penalties set forth in subsections 
(b) and (c) of section 206 of the International Emergency Economic 
Powers Act (50 U.S.C. 1705) to the same extent as a person that commits 
an unlawful act described in subsection (a) of that section.
    (d) Waiver.--
            (1) In general.--The President may waive the application of 
        sanctions under this section for renewable periods not to 
        exceed 180 days if the President--
                    (A) determines that such a waiver is in the vital 
                national security interests of the United States; and
                    (B) not less than 15 days before the granting of 
                the waiver, submits to the appropriate congressional 
                committees a notice of and justification for the 
                waiver.
    (e) Termination and Sunset.--
            (1) Termination of sanctions.--The President may terminate 
        the application of sanctions under this section with respect to 
        a person if the President determines and reports to the 
        appropriate congressional committees not later than 15 days 
        before the termination of the sanctions that--
                    (A) credible information exists that the person did 
                not engage in the activity for which sanctions were 
                imposed;
                    (B) the person has credibly demonstrated a 
                significant change in behavior, has paid an appropriate 
                consequence for the activity for which sanctions were 
                imposed, and has credibly committed to not engage in an 
                activity described in subsection (a) in the future; or
                    (C) the termination of the sanctions is in the 
                vital national security interests of the United States.
            (2) Sunset.--The requirement to impose sanctions under this 
        section shall terminate on the date that is 4 years after the 
        date of the enactment of this Act.

SEC. 10. RESOURCES FOR SANCTIONS IMPLEMENTATION AT THE DEPARTMENT OF 
              STATE.

    (a) Sense of Congress.--It is the sense of Congress that sanctions 
are a vital foreign policy and national security tool, and as such, it 
is critical that the Department of State and other agencies with 
responsibilities relating to sanctions across the executive branch--
            (1) are fully staffed, including through the prompt 
        confirmation by the Senate of a qualified head of the Office of 
        Sanctions Coordination of the Department of State; and
            (2) have the resources and infrastructure necessary for the 
        successful development and implementation of sanctions.
    (b) Increasing Resources and Improving Modernization for Sanctions 
Implementation.--The Secretary of State shall take steps to modernize 
the sanctions infrastructure and increase resources dedicated to 
implementing sanctions, including by--
            (1) ensuring the Department of State has necessary 
        subscriptions and access to open-source databases for purposes 
        of making determinations to support the designation of persons 
        for the imposition of sanctions;
            (2) equipping bureaus involved in drafting and reviewing 
        evidentiary packages to support such designations with 
        sufficient technical resources to do so, including an adequate 
        number of workstations that can be used to review classified 
        information; and
            (3) increasing the number of personnel dedicated to making 
        and reviewing such designations.
    (c) Report on Modernizations Efforts.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of State 
shall submit to the appropriate congressional committees a report 
describing steps the Department of State is taking to address 
challenges in the ability of the Department to support the designation 
of persons for the imposition of sanctions.
    (d) Authorization of Appropriation.--There is authorized to be 
appropriated to the Secretary of State for fiscal year 2025 $15,000,000 
to carry out this section.

SEC. 11. REPORT ON IMPACTS ON THE ISLAMIC REPUBLIC OF IRAN OF SANCTIONS 
              IMPOSED BY THE UNITED STATES.

    (a) In General.--Not later than 90 days after the date of the 
enactment this Act, the Secretary of State, in consultation with the 
Secretary of the Treasury and drawing on subject-matter experts 
including economists and statisticians from the Department of State and 
the Department of the Treasury, shall submit to the appropriate 
congressional committees a report on the impacts on the Islamic 
Republic of Iran of sanctions imposed by the United States.
    (b) Elements.--The report required by subsection (a) shall include 
an assessment of the following:
            (1) The impact of sanctions imposed by the United States on 
        the following:
                    (A) Problematic activities and policies of the 
                Islamic Republic of Iran, including ballistic missile 
                development, proliferation of Iranian drones and 
                missiles to state and non-state actors, uranium 
                enrichment, and funding of terrorist groups in the 
                ``Axis of Resistance'', and how sanctions have 
                meaningfully impacted the ability of such groups to 
                operate.
                    (B) Key officials of the Iranian regime, including 
                their access to alternative financial markets, their 
                standard of living, and impacts to their personal 
                wealth.
                    (C) The operations of independent civil society 
                organizations in Iran, including the ability of such 
                organizations to access products that would allow them 
                to document and share human rights abuses, promote 
                democratic norms, and engage in political dissent.
                    (D) The efficacy of licensing actions aimed at 
                ensuring the people of Iran have access to 
                circumvention technologies around Iranian regime 
                firewalls and censors to promote internet freedom, 
                including General License D-2 of the Department of the 
                Treasury.
                    (E) The standard of living of the people of Iran, 
                including--
                            (i) the impact on the purchasing power of 
                        the people of Iran and their ability to afford 
                        and acquire food and medicine; and
                            (ii) changes in the size of the working and 
                        middle classes in Iran, including impacts to 
                        the poverty rate in Iran.
                    (F) The growth of unofficial economies controlled 
                by officials of the Iranian regime and members of the 
                Islamic Revolutionary Guard Corps.
            (2) What industries in Iran remain unaffected by such 
        sanctions.

SEC. 12. MISCELLANEOUS PROVISIONS.

    (a) Rules of Construction.--
            (1) Rule of construction on assistance to palestinians.--
        Nothing in this Act shall be construed to prohibit the 
        President from providing assistance that benefits Palestinians 
        in the West Bank and Gaza in a manner consistent with United 
        States law, including section 1004(a) of the Taylor Force Act 
        (22 U.S.C. 2378c-1(a)) and sections 620K and 620L of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2378b and 2378c).
            (2) Rule of construction on availability of existing 
        authorities.--Nothing in this Act shall be construed to affect 
        the availability of any existing authorities to issue waivers, 
        exceptions, exemptions, licenses, or other authorization.
    (b) Regulatory Authority.--The President may, not later than 180 
days after the date of the enactment of this Act, prescribe regulations 
as are necessary for the implementation of this Act.
    (c) Exceptions.--
            (1) Exception relating to intelligence activities.--
        Sanctions under this Act shall not apply to any activity 
        subject to the reporting requirements under title V of the 
        National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any 
        authorized intelligence activities of the United States.
            (2) Exception to comply with international obligations and 
        law enforcement activities.--Sanctions under this Act shall not 
        apply with respect to an alien if admitting or paroling the 
        alien into the United States is necessary--
                    (A) to permit the United States to comply with the 
                Agreement regarding the Headquarters of the United 
                Nations, signed at Lake Success June 26, 1947, and 
                entered into force November 21, 1947, between the 
                United Nations and the United States, or other 
                applicable international obligations of the United 
                States; or
                    (B) to carry out or assist authorized law 
                enforcement activity in the United States.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The requirement to block and 
                prohibit all transactions in all property and interests 
                in property under this Act shall not include the 
                authority or a requirement to impose sanctions on the 
                importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or man-made 
                substance, material, supply or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
            (4) Humanitarian assistance.--
                    (A) In general.--Sanctions under this Act shall not 
                apply to--
                            (i) the conduct or facilitation of a 
                        transaction for the provision of agricultural 
                        commodities, food, medicine, medical devices, 
                        or humanitarian assistance, or for humanitarian 
                        purposes; or
                            (ii) transactions that are necessary for or 
                        related to the activities described in clause 
                        (i).
                    (B) Definitions.--In this paragraph:
                            (i) Agricultural commodity.--The term 
                        ``agricultural commodity'' has the meaning 
                        given that term in section 102 of the 
                        Agricultural Trade Act of 1978 (7 U.S.C. 5602).
                            (ii) Medical device.--The term ``medical 
                        device'' has the meaning given the term 
                        ``device'' in section 201 of the Federal Food, 
                        Drug, and Cosmetic Act (21 U.S.C. 321).
                            (iii) Medicine.--The term ``medicine'' has 
                        the meaning given the term ``drug'' in section 
                        201 of the Federal Food, Drug, and Cosmetic Act 
                        (21 U.S.C. 321).
            (5) Report on exceptions.--Not later than one year after 
        the date of the enactment of this Act, and annually thereafter, 
        the President shall submit to the appropriate congressional 
        committees a report that describes each activity that would be 
        subject to sanctions under this Act if not excepted pursuant to 
        paragraph (1) or (2).
                                                       Calendar No. 376

118th CONGRESS

  2d Session

                                S. 3874

_______________________________________________________________________

                                 A BILL

   To impose sanctions with respect to foreign support for terrorist 
    organizations in Gaza and the West Bank, and for other purposes.

_______________________________________________________________________

                              May 7, 2024

                       Reported with an amendment
```